Shaw v. White
Supreme Court of Alabama
Appeal froni tbe Circuit Court of Pike. Tried before tbe Hon. JOHN Gill Shorter. This action was brought, in February, 1855, by Mrs,-Apsilla Sbaw, the appellant, to recover tbe ain'ount of a promissory note, alleged to have been executed by tbe-de-fendant on tbe 1st January, 1853, when tbe plaintiff was sole and unmarried, and payable to -her, by her maiden name of Apsilla Travatlian, on tbe 1st January, 1854. Tbe complaint alleged that the plaintiff, since the execution of…
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Appeal froni tbe Circuit Court of Pike. Tried before tbe Hon. JOHN Gill Shorter. This action was brought, in February, 1855, by Mrs,-Apsilla Sbaw, the appellant, to recover tbe ain'ount of a promissory note, alleged to have been executed by tbe-de-fendant on tbe 1st January, 1853, when tbe plaintiff was sole and unmarried, and payable to -her, by her maiden name of Apsilla Travatlian, on tbe 1st January, 1854. Tbe complaint alleged that the plaintiff, since the execution of the note, had intermarried with William Shaw, her present husband, and that the note was a part- of her separate estate;…
1Opinion of the CourtRice, C. J.
In Bryan v. The State, 26 Ala. 65, this court held, that the object of a demurrer to evidence is, not to substitute the judge for the jury as a trier of the facts, but to ascertain the law upon an admitted state of facts; and that its effect, when issue is joined, is to admit every fact which the testimony .establishes, or tends to establish. It was also held, that upon a demurrer to evidence, the court does not stand in the place of a jury, to render such a judgment as the jury ought to have rendered, but to render one against the defendant, if the jury, from the evidence, could legally have…
2Cases cited2 opinions
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- Bryan v. StateSupreme Court of Alabama · 1855
3Cited by10 opinions
- Armstrong's Ex'r v. Armstrong's HeirsSupreme Court of Alabama · 1857
- Walker v. CrewsSupreme Court of Alabama · 1882
- McCarty v. WilliamsSupreme Court of Alabama · 1924
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Martin v. StateSupreme Court of Alabama · 1878
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